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2015 Supreme(Mad) 1326

P.DEVADASS
M. Ashok Kumar – Appellant
Versus
State Rep. by Inspector of Police Traffic Investigation Wing, Kilpauk – Respondent


Advocates Appeared:
For the Petitioner:C. Mohan Raj, Advocate.
For the Respondents:M. Mohamed Riyaz, Govt. Advocate (Crl.Side).

Judgment :-

Petition for bail.

2. Offences alleged are under Sections 304(ii) and 337 IPC and Sections 184 and 185 of Motor Vehicles Act in Crime No.51 of 2015.

3. According to the learned counsel for the petitioner even taking the allegations as such, it would not warrant an offence under Section 304(ii) of IPC. A normal road accident case has been made an offence of culpable homicide not amounting to murder. Prosecution has blown it beyond proportion. Prosecution is trying to make a mountain out of a mole.

4. Learned Government Advocate submitted that the petitioner is responsible for the death of a person. At the time of incident, petitioner was under the influence of alcohol.

5. I have anxiously considered the rival submissions.

6. On 21.02.2015, at about 7.30p.m., petitioner came driven his Honda Activa Bike [TN05 AM 7400]. At about that time, he is alleged to have ran over a two-wheeler. It became a fatal accident. The injured passed away at the hospital.

7. A case of drunken driving has been booked by the police. It is alleged that at that time, petitioner was under the influence of alcohol. The merit or otherwise of the case has to be decided by the learned trial Judge at the app





















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